S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3457

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 23, 2011
                               ___________

Introduced  by Sens. GRIFFO, GRISANTI, O'MARA, RANZENHOFER -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Investigations and Government Operations

AN ACT to amend the legislative law,  in  relation  to  prohibiting  the
  legislature  from recessing after the commencement of the state fiscal
  year until it has enacted a budget for such year

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 3 of section 5 of the legislative law, as added
by chapter 635 of the laws of 1998, is amended to read as follows:
  3.  "Legislative  passage  of  the budget", solely for the purposes of
this section and [section] SECTIONS five-a  AND  FIFTY-THREE-A  of  this
[article]  CHAPTER,  shall  mean  that  the  appropriation bill or bills
submitted by the governor pursuant to section three of article seven  of
the  state constitution have been finally acted on by both houses of the
legislature in accordance with article seven of the  state  constitution
and the state comptroller has determined that such appropriation bill or
bills  that have been finally acted on by the legislature are sufficient
for the ongoing operation and support  of  state  government  and  local
assistance for the ensuing fiscal year. In addition, legislation submit-
ted  by  the  governor pursuant to section three of article seven of the
state constitution determined  necessary  by  the  legislature  for  the
effective  implementation of such appropriation bill or bills shall have
been acted on. Nothing in this section shall be construed to affect  the
prohibition  contained  in  section  five  of article seven of the state
constitution.
  S 2. The legislative law is amended by adding a new  section  53-a  to
read as follows:
  S 53-A. FAILURE TO ENACT A TIMELY BUDGET; PROHIBIT RECESS. IF UPON THE
COMMENCEMENT  OF  THE  FISCAL  YEAR,  AS DEFINED IN SECTION THREE OF THE
STATE FINANCE LAW, LEGISLATIVE PASSAGE OF  THE  BUDGET,  AS  DEFINED  IN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05962-02-1
              

S. 3457                             2

SUBDIVISION THREE OF SECTION FIVE OF THIS CHAPTER, HAS NOT OCCURRED, THE
LEGISLATURE  SHALL NOT RECESS UNTIL SUCH PASSAGE OCCURS, EXCEPT THAT THE
LEGISLATURE MAY RECESS DURING SUCH PERIOD FOR PUBLIC HOLIDAYS.
  S 3. This act shall take effect immediately.